Editor
Former Miami Township Sgt. John Swing filed an appeal to the Twelfth Appellate District on Oct. 13.
Swing, of Milford, was sentenced to 30 days in jail and three years of community control in a hearing on Oct. 6. In addition, he has been labeled as a Tier 1 sex offender.
Swing was accused of three counts of gross sexual imposition, a third degree felony, and one charge of assault, a first degree misdemeanor. The jury found Swing not guilty of assault, and guilty of three counts of sexual imposition, a lesser charge, on Sept. 2.
Swing filed an appeal, said his attorney Joshua Engel, because he believes he is innocent. In addition, there are some potential legal errors in the case.
“I think the biggest one is the fact that the judge allowed these other women to testify against him, essentially to his character,” Engel said, adding that people are supposed to be under trial for what they’ve done, not who they are.
In addition, there were some issues with the jury and the prosecution had information from the police investigation that they should not have, Engel said.
Swing served about a week in jail before the judge granted him an appeal bond. If the appeal does not work in Swing’s favor, he will have to finish his sentence, Engel said.
When the appellate court receives the paperwork, the court will issue a scheduling order that will set the time frame for the appeal. Typically, the defendant has 30 days to file a brief, the state has 30 days to file a response to the brief and the defendant has 10 days to file a response to that, said Scot Ritter, assistant court administrator.
After that the Swing’s attorneys could request an oral argument or let it rest with the briefs. Then, the judges will look over everything and write an opinion, which takes about 60 days, Ritter said.
He estimated it may take three or four months before the case is ready to be submitted or is to the oral argument phase.